EB-1 Green Card
The EB-1 green card is one of the fastest methods for obtaining the U.S. permanent residency among all the employment-based options. The EB-1 is the first-preference employment-based green card category. Annually, a total of 140,000 applicants receive green cards under the employment-based rank and each country is only capable of collecting 7% (9,800) of the 140,000 cap.
There are five different employment-based (EB) categories. The first is EB-1 which is classified for individuals that are “priority workers,” granting them first preference in acquiring a green card. The EB-1 Green Card is premised around extraordinary skills regarding the participant’s occupation. Within the EB-1 category, there are three different subcategories of priority workers that will qualify.
- Extraordinary Ability (EA)
- An evident of superior abilities in the field of science, art, education, business, or athletics. Must be able to provide relevant proof of recognition.
- Outstanding Professor and Researcher (OPR)
- Intended for highly-acknowledged scholars or scientists.
- Multinational Executives and Managers (MEM)
- Executives or managers of multinational companies who are starting a new office/business in the United States. The other option is being an executive or manager who is being transferred to the United States by a reputable international company.
The EB-1 is a highly popular option because it does not require a PERM Labor Certification. The Labor Certification is typically an extensive and costly filing process in order to determine if the requirements of the available position are able to be filled by a U.S. worker. When the Labor Certification is required the applicant risks being rejected which can constraint the applicant’s time and expenses.
For the EA category, a permanent job offer is not required. This means that the applicant has the ability to apply for the petition on his/her own behalf. However, the OPR and MEM categories do require a permanent job offer. The U.S. employer is the only one who can file the petition for the applicant.
Another advantage in obtaining an EB-1 Green Card is that the category is usually always current. This means that the applicant does not have to wait an extended period of time before the application is reviewed and can receive a Department of State (DOS) immigrant visa number. This puts the applicant on a faster track to file an adjustment of status and initialize the green card process.
Retaining EB-1 green card lawyers with experience and knowledge of the process is absolutely necessary when handling such important visa matters.
EB-1 Green Card Application Process
Here’s a brief summary of the application process for each subcategory within the EB-1 visa category:
- Extraordinary Ability: Individuals may petition for themselves by filing Form I-140, Petition for Alien Worker. The EA category does not require a PERM Labor Certification or a job offer from a U.S. employer which is why it’s one of the fastest methods out there.
- Outstanding Professors and Researchers: Must be filed by an employer Form I-140, Petition for Alien Worker. While the OPR category does not require a PERM Labor Certification it does require a permanent job offer from a U.S. employer, unlike the self-petitioned EB-1A cases.
- Multinational Manager or Executive: Must be filed by an employer Form I-140, Petition for Alien Worker. It’s important to note that the manager or executive must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity.
For more specific details regarding the application process for each subcategory click on the links at the bottom of this page.
How Our EB-1 Green Card Lawyers Can Help
- Our EB-1 green card lawyers are knowledgeable in determining which category you best qualify based on your previous accomplishments and experience.
- Our EB-1 green card lawyers will advise you on and thoroughly examine the supplementary documentation required for your application to give you the best chance at acquiring the EB-1 green card.
- If you are still unsure about whether you would like to obtain an EB-1, L-1A, or NIW our immigration lawyers are capable of assisting you in your decision.
- If the EB-1 green card holder would like to bring his/her spouse and children to the United States, we are experienced in the process to obtain status for them as well.